7. Holding a derecognition ballot
When employers, workers and the union have tried to reach agreement about derecognition but failed, the Central Arbitration Committee (CAC) will hold a secret ballot.
CAC will write to everyone involved, saying that they intend to hold a ballot to allow workers in the bargaining unit to vote on derecognition.
How the ballot works
CAC will appoint a qualified independent person (QIP) who will aim to conduct the ballot within 20 working days of their appointment. The CAC may extend this period if necessary.
The QIP will provide an estimate for the cost of running the ballot. The arrangements for the ballot will be decided by the CAC after consulting the employer and the union.
The final cost of the ballot will be split equally between the employer and the union.
The employer and the union must follow the Code of Practice on Access and Unfair Practices during Ballots for Trade Union Recognition or Derecognition.
Complain when someone doesn’t co-operate
Complain to CAC any time before the ballot is held if you feel someone isn’t co-operating.
The union can complain to the CAC if the employer is not fulfilling their duties during the ballot.
CAC will investigate and can issue a ‘remedial order’ demanding that all duties are carried out properly.
If that order is ignored CAC can cancel the ballot or declare that the union be derecognised.